Hadiya marriage: Kerala govt rubbishes NIA’s shocking claims

coastaldigest.com news network
October 7, 2017

Kasaragod, Oct 7: The Kerala state government has  Kerala rejected the claims made by the Centre's National Investigation Agency (NIA) in the Supreme Court that the Hadiya case, involving conversion of a Hindu woman to Islam and her marriage to a Muslim man, is part of a “pattern” of religious conversions and radicalisation happening in the southern State.

In fact, Pinarayi Vijayan-led CPI (M) government said the Kerala Police was doing an “efficient” job investigating the Hadiya case until the Supreme Court intervened and, believing the NIA’s claims, transferred the investigation to the central agency.

In an affidavit filed in the Supreme Court, the Kerala government said the investigation conducted by the State Police had not revealed any offences which warranted an NIA probe.

"The investigation conducted so far by the Kerala Police has not revealed any incident relating to the commission of any scheduled offences to make a report to the Central Government under Section 6 of the National Investigation Agency Act, 2008," the affidavit filed by Subrata Biswas, the State's Additional Chief Secretary, Home Department, said under oath to the Supreme Court.

The State questioned the sudden transfer of the case to the NIA, saying the State Police Chief had already entrusted the investigation to the Additional Director General of Police (Crimes) and directed to constitute a Special Investigation Team.

A comprehensive probe was already on into various aspects, including the conversion of the woman to Islam, the religious institutions and persons involved, the persons she was in contact, the family background and criminal antecedents of the man she married to, Shafin Jahan, the financial arrangements and other details of their alleged marriage, and finally, if the case involved any attempts of trafficking Hadiya to outside the country.

"The Kerala Police had conducted a thorough investigation in an efficient manner. The Kerala Police is competent to conduct the investigation in such crimes and would have reported to the Central government if any scheduled offences were found to have been committed as per the provisions under the NIA Act," the affidavit said.

On August 16, when the case was transferred to the NIA, then Chief Justice of India J.S. Khehar made a blunt remark to the Kerala government counsel that "we think you (Kerala Police) may take sides. So we asked the NIA for their inputs’’.

The court had wanted the NIA to give inputs after going through the files of the Hadiya case. Additional Solicitor General Maninder Singh, for NIA, had then returned to submit to the court that the Hadiya case was "not an isolated case and we have come across another case with a similar pattern and involving the same people who are acting as instigators".

However, the Supreme Court Bench on October 3, this time led by Chief Justice Dipak Misra, had done a virtual U-turn by questioning the August 16 order for NIA probe.

The Bench led by Chief Justice Misra also prima facie found that the Kerala High Court had no authority to annul the inter-religious marriage between Jahan and Hadiya.

“The order for NIA investigation strikes at the very foundation of multi-religious society... Two senior BJP functionaries have married members of minority communities,” senior advocate Dushyant Dave and advocate Haris Beeran, for Jahan, had argued.

The apex court had further questioned the legality of girl's father keeping her in his custody for the past several months.

“We will hear logical and legal arguments on two issues — can the HC nullify a marriage exercising jurisdiction under Article 226 and was an NIA probe necessary,” Chief Justice Misra had observed, posting the case for hearing on October 9

Comments

Abdullah
 - 
Sunday, 8 Oct 2017

Narendra Investigation Agency(NIA).

 

They plan Allah plan, and Allah plans. Surely Allah is the Best of Planners. -Qur'an 8:30

Ibrahim
 - 
Saturday, 7 Oct 2017

The same strategy they used in Dr. Zakir Naik's matter. NIA targeting ZN

Sooraj
 - 
Saturday, 7 Oct 2017

True.. NIA taking biased decisions. Many cheddi people visited Hadiya's house but even friends cant go to her house because of security restrictions

Kumar
 - 
Saturday, 7 Oct 2017

NIA working as Modi's right hand.. 

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 5,2020

Lucknow, Mar 5: Uttar Pradesh chief minister Yogi Adityanath said last night that the role of teachers would come under the scanner when "anti-India" slogans are raised at universities and institutions of higher education.

"When anti-India slogans are raised at institutions of higher education, we should be prepared to ask why this type of distortion occurrs among our students?" he said at a programme organised by the Basic Shiksha Parishad in Lucknow.

"We begin our work with pledge for the country's unity and integrity and today slogans are raised for the division of the nation. In such a situation, questions are raised over the role of teachers who are considered equal to god in society," he said.

"Who all are involved in this sin and chaos? Governments can provide resources, but the one who has given them basic education, who has given them secondary education and who has led them to that place, all of them should evaluate their actions today," the chief minister said.

Speaking about the condition of education in the state when his government came to power three years ago, he said there was an atmosphere of chaos and anarchy in the state and the condition of basic education was very bad.

"The worst problem was that of proxy teachers. Our government started the process of prohibiting proxy teachers in the first phase," he said.

Adityanath said that a teacher is not just a government servant, but the fate of the nation. He said teachers should learn from Chanakya.

Had Chanakya confined himself to Nalanda University, he would not have been able to make India a superpower of the world during that period. Teachers will have to prepare themselves according to the challenges and need of society, he added.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 24,2020

Bengaluru, Feb 24: Census authorities in Karnataka have requested deputy commissioners in the state’s districts to hold outreach and awareness campaigns about the National Population Register (NPR), as they fear misgivings about the exercise could hurt the forthcoming enumeration of population.

The house-listing phase of the Census and updating of NPR will be rolled out simultaneously by mid-April in the BJP-ruled state.

About 1,50,000 enumerators will handle the massive exercise.

Officials believe widespread awareness will help address concerns about the NPR data-gathering process and make people cooperate with enumerators when they visit houses for both NPR and census work.

“Sensing the kind of questions that enumerators may face when they do house visits, in all video conferences with deputy commissioners of districts, we have requested to establish contact with local representatives,” SB Vijay Kumar, director of Census Operations in Karnataka told news agency. “We have asked them to organise outreach programmes to ensure that people’s doubts are resolved before the information gathering work begins,” he added.

Census operations are handled by the Union home ministry. Several district officials are said to have raised concerns about the possibility of people refusing to share information when the work on the census and NPR begins in two months. This would affect the quality of the census work, making the exercise incomplete.

news channel earlier reported that people in parts of Karnataka had declined to share personal information with officials visiting households in connection with government programmes, suspecting them of gathering data for the yet-to-be unveiled National Register of Citizens, following enactment of the Citizenship Amendment Act (CAA) recently.

Kumar said district authorities will train and sensitise enumerators to tread carefully while gathering information. Enumerators will be told not to demand information but seek it gently.

“We will tell enumerators to proactively engage with people. For instance, if an old man in a village does not know his exact date or place of birth, the enumerator may engage in a conversation with the person that may elicit some anecdotes and roughly establish the year and the place of birth,” the census director said.

As of now, the NPR questionnaire has 21queries, but officials say it has not yet been finalised.

With most of the census and NPR data gathering and storage happening digitally this time, the challenge before census officials is to convince people that the data would remain safe.

“Individual data is sealed and all that we can see is collective data. The information is consolidated and tailor-made. We are telling district officials to create awareness about data safety as well,” Kumar said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.